An Orange County judge on Friday ruled against Huntington Beach in its effort to move certain children’s books to a separate section of the library.
O.C. Superior Court Judge Lindsey Martinez ruled in favor of plaintiffs Alianza Translatinx and three Huntington Beach residents.
For the record:
5:02 p.m. Sept. 5, 2025This article has been updated with the correct name of Judge Lindsey Martinez.
In February, the ACLU Foundation of Southern California was among the groups that filed suit against the city, arguing that its policies were in violation with the California Freedom to Read Act.
Martinez agreed, also rejecting Huntington Beach’s argument that it didn’t have to comply with the act as a charter city.
Erin Spivey, a former Huntington Beach librarian who was among the plaintiffs in the lawsuit, said that Friday’s decision was a victory for democracy.
“I’ve always been of the belief that the library is the most democratic institution in the country,” Spivey said. “Whoever walks in the door is equal to every other person who walks in the door. They are all welcome, and they should all be represented in our collection. So, every part of me fully believes in what we are doing here today.”
Patrons at the Huntington Beach Central Library in 2023.
(File photo)
Martinez ruled that attorneys for the plaintiffs have 30 days to submit a proposed writ of mandate, stating how they expect Huntington Beach to comply with the ruling. Examples that Spivey gave included removing the restricted books area from the fourth floor of the Central Library, as well as removing the restricted books list from the website.
She added that the library may want to reestablish the “young adult” section as well.
“Today is bringing me hope, in that the law is on our side,” Spivey said. “I know that unfortunately, the city of Huntington Beach will most likely require the court ordering them how to comply with the law. That has been their modus operandi when dealing with the courts and legal challenges. I don’t expect them to comply without that writ of mandate from the court, but I know that it is eventually going to happen.”
In June 2023, the Huntington Beach City Council introduced the idea of making certain books that were sexual in nature inaccessible to children. The council passed a resolution proposed by then-mayor pro tem Gracey Van Der Mark. Titled Resolution No. 2023-41, it introduced a parent-guardian review board that was established with Ordinance No. 4318. It also directed library staff to relocate children’s books deemed inappropriate or obscene to another section of the library.
Measure A, passed by Huntington Beach voters this past June, repealed the book review board.
Former Huntington Beach librarian Erin Spivey addresses the City Council during a meeting in 2023.
(Screencap by Matt Szabo)
Attorney John Howard, representing the city at Friday’s hearing, argued that Measure A rendered the ACLU lawsuit moot. On Aug. 19, the City Council adopted Resolution No. 2025-57, stating that Resolution No. 2023-41 was no longer in effect.
The city also argued that the Freedom to Read Act itself, which was passed last year, was unconstitutional.
But Martinez agreed with the plaintiffs that the city, which continued to segregate children’s books in an adult-only section as of this week, was still violating the Freedom to Read Act. Spivey said she visited the Central Library on Tuesday to verify that the age-restricted section on the fourth floor was still there.
Jonathan Markovitz, a free expression and access to government staff attorney for the ACLU, said he believed Friday’s decision was clearly the right one.
“I think that the key thing about it is that it reaffirms what we already knew, which is that the city of Huntington Beach’s charter city status doesn’t give it license to violate state law and to violate constitutional rights,” Markovitz said. “In understanding that, the court prevented the city censorship regime from going ahead.”
Huntington Beach can appeal Friday’s decision.